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University of Bath

Line manager information and guidance on Brexit

How you can support exisiting staff and what to be aware of when recruiting new staff.

Recruiting new staff from 1st January 2021

The UK Government is introducing a new Points-Based Immigration System on 1st January 2021 which will mean that newly arriving citizens from the EU, EEA or Switzerland (with the exception of Ireland) will be treated the same as those from outside of the EU.

All EU, EEA and Swiss (except Irish) citizens not already resident in the UK by 31st December 2020 will now need to obtain a work visa prior to coming to the UK. As a recruiting manager, you will need to consider whether any new employees (non-UK/Irish) will be arriving in the UK on or after 1st January 2021 and will need a visa so that you can factor this into your recruitment process and timeframes. Where a visa is required, your HR Recruitment Co-ordinator will check the details of the applicant against the job role to determine if they are eligible for a work visa under the Skilled Worker (formerly Tier 2) route.

If you have a successful applicant who is due to take up a position at the University after 31st December 2020, you may wish to consider bringing their start date forward. This will of course be in line with operational need and in agreement with the applicant and HR.

Right to Work Checks

Until 30th June 2021, right to work checks should be undertaken as they are now and all EU, EEA and Swiss citizens will be able to evidence their right to work here using their passport or national identity card.

From 1st July 2021 onwards, EU, EEA or Swiss citizens will be required to evidence they hold either pre-settled or settled status or other valid right to work document.

Advice and guidance by nationality

  • EU, EEA or Swiss citizens who are resident in the UK by 31st December 2020 and who wish to work, study or visit the UK, should apply for pre-settled or settled status by 30th June 2021. They will not be required to apply for a visa under the UK's new Points-Based Immigration System.

  • EU, EEA or Swiss citizens who arrive in the UK for the very first time on or after 1st January 2021 will need to secure an appropriate work visa in advance of travel to the UK.

  • Non-EEA citizens who are seeking to enter the UK to work or who are already in the UK on a visa will require a visa to work at the University if they do not fall into one of the categories below:

    • British (but not a British Overseas Citizen, British National (Overseas) or British Protected Person)
    • EU, EEA or Swiss citizens resident in the UK by 31st December 2020 with plans to apply for pre-settled or settled status under the EU Settlement Scheme before 1st July 2021
    • Non-EEA citizens with Indefinite Leave to Remain/Settlement in the UK
  • Irish citizens will continue to be able to enter, work and live in the UK as they do now.

Regardless of nationality, all potential workers will require a right to work check before work commences. Further guidance on the new Points-Based Immigration System and routes to work in the UK can be found on the Government website.

Travel plans

If you or your staff have plans to travel, please read the information on the Brexit travel planning webpage.

Supporting staff

As a University, we are continuing to check our guidance against that published by the UK Government so that we can provide the most up to date information for our current and prospective staff.

We recognise that this will be a challenging time for many in our campus community, particularly those staff from the EU, EEA and Switzerland who may feel particularly vulnerable. Your role as a line manager is particularly important in making these colleagues feel welcome and able to talk about their concerns.

For further information as to what support is available for them and their family members, please refer to our Brexit webpages.

If you have any concerns or are unsure, do speak to your line manager or Head of Department. If they are unable to help, please contact the HR team.

If you are aware of a member of staff who needs support, please direct them to the range of staff counselling services on offer.

If you are aware of students who need support, please encourage them to contact Student Services on ext. 4321, 01225 383838 or studentservices@bath.ac.uk or call into one of the wellbeing drop-in sessions which are open every afternoon of the year in the Roper Student Services Centre in 4W.